The Sun. — London, England, 1826-01-19 00:00:00

:fin some 'instances The wives and servants have ligued (as_ in the case of River's pamphlet against Dr. Phillip and Mr. Rutherford.) Lord Charles is surely mad, If counter-petitions be got up, or if the way even in which the addresses are got up become known to Mr, Canning or Lord Liver pool, it is impos3ible they can ever again coon tenance the subject of them. Another proof of the worthlessness of these addresses is, that they are bilinin,y of the individuals who have also signed the petition to the King on the sub ject of fireitiz, the I.N -dollar at Is. dd., the lan guage of which ixat d'r , rt variance with that of the fltltlressesi—in, fact, Asktolly condemnatory of Lord Somerset's government, and attributing to him tiw cause of the depreciation. Nothing Can better illustrate the declining fortunes of his Excellency num the contrast his present conduct - Presents-to that of his Conner. It is only a few 4nanths since his conduct was made up of reserve and houghtine lvut subsequent to its being "known that be had to answer to the Parliament of England for his past conduct, he has bt , COme foOrteous, affable, easy of access, and smiling. .0.41 Sunday week :T could not but be impressed wiilt the example e. icicle the contrasted features alis face exhibited, on the parade. Ile and i4tdy Charles condescended to walk while the b an d was ' playing, to call the leader, and en quire it be could play such and such a tune, to bow to the persons to whom it was convenient -hi s . e ye Should meet; and on o c cas i on o f meet i ng 'D'Oasscury (whom he mortally hates for his ad. :herence to Col. Bird), his face exhibited a model worthy of a Vuseli ; his face retained its usual severe look, and - the exposure of his teeth, in stead of conveying the idea of satisfaction or re cognition, which is customary at meeting a friend, added to, rather than diminishedohe general bitterness of his countenance. " Nothing can exceed the assiduity, except it be the him flow [less with which attempts are made to divert the public mind, Greig's paper very properly exposed the danger of masque rading, 'Ste., and pointed out the nature and Vit. i tle of 4 addresSeS' and petitionS in his 25th and `261,11 numbers; but although these things are known here, such his been the wither. ing influence of this aristocratic dependent', do. minion upon every one, that British feelings and principles were almost extinct : however, with the blessing of Cod and the Press,.we,shell have all these things put to rights. You would be astonished at the progress the community has made within the last two years; but for Greig, we should now, as formerly, have been wallowing iu ignorance and timidity : lie ha's had, it . Is true, u very powerful coadjutor in the Mused end noble.minded Fairburu ; he is now assisted by 'the labours of many then of talent and , learning, but. the colony should never I'oo4 that to his efforts t iirsteingle-litinded and threatened with banish ment and ruin, the cornier of which was effected, amid attempts made at the latter), perseverance, stud public spirit, it indebted wholly for what. over share It now possesses in the march of public improvement. l t is true that one or two others hilve exerted - themselves, among w bout is Bride kirk (to Whoth Lord CLarles adVanced 10,000 ifollare out of the public purse, to enable him to purchase Greig's printing apparatus), hut they ell shrunk front beneath the withering influence of the 4 brother of the Beaufort." Shade G reig -oumtnenced a paper the merchants have 100 per vent. less to pay for advertisements, and the poople generally can have any thing printed they may regain , . Ittitherford's pamphlet lay for' ser wnal weeks in Bridekirk's office, and at last he was threatened with the exaction of the loan he had received, if he dared to print it." NOV hhtliElt G. " It is not a little remarkable, and will serve to *hew the timidity of the generality of people here, that speak to whom you : will, all egress that the future prosperity of this colony tkpoods ou the issue of the Parliamentary inquiry into Lord , C. Somerset's conduct. If he ever return, it Will be vain to legislate for In, is the universal sent'. meat ; and yet persons are found to sign ad.- -dresses and petitions for his reinstatement. Whe ther Lord C. Somerset be,guilty or not, even of a tithe of the charges alleged against him, matters not, be has been too long in the habit of admi . vistering despotic power, and the Wretched Dutch .melange (ycltipt law), ever to reconcile himself to govern in accordance with the spirit of Britisb laws and principles. This is really the case : the Dutch during Lord Somerset's reign of ten years, dare not even murmur at any act of Lord Charles or any of his missions : the reason is obvioustO whom could they. complain ? nino.tenths of them ~scarcely knew what a House of Common meant, and to those who did ; know of the means, the pro. -cell; was too tedious, and the chances too great for them to risk, This name feeling operated on .F f uglisistnen : they imbibed it habitually, the influx of 5,000 to 6,001) Englishmen rendered a different system of government indispensable, and ..the struggle of his Excellency to keep possession of his power against justice, and even against expediency, has produced the convulsion which stow agitates the colony, and so deeply affects ..,the Governor. The truth is, had Mr. Canning been at the head of affairs when the hasty and .111-digested measures of emigration to this colony was projected, he would at once have seen the .necessity of tulaptitta the laws and suiting the constitution of the place as nearly as possible to those the emigrants hail been weed to, and under which ad they h been bred., Why are 130,000 people to be convulsed, and to be subjected to the insulting charge of conspiracy' from a de. puty Secretary of State, about one man ? It is not possible that charges so numerous, so varied, so repeated, and so universal, can be either the effect of ' conspiracy' or of clamour. ; there must be ground for it, there is ,ground for it ; and if ministers are that for which the people of England give them credit, they will quietly, at last suffer Lord C. Somerset to retire, and fill his place (after giving us English laws and the liberty of -.Jim press) with an active. civilian, one who hos his character alone to sustain' him, and who cannot deter : men by eternally reminding them of his ,a greet flunily interest, and of the number of voles his brother • has. if this be case (and for myself, A entertain no' doubt), the Ministers will confer taesainga on 434 p00 people : if they slight and deliver utt up to the tender t mercies' of Lord Somerset, it will be cruelty indeed, and curses will be poured un their head by all in this colony. It is truly lamentable to observe with what per : 'Mucky men cling to power; the. many rebuffs itud checks Lord - Somerset has had to sutain witbiq !• the last two years, would lead men to suppose, that if he had any feeling lie would resign : but, no, no, such a freehold is not to be easily refi ll . quieted. -- - " The Fiscal is to be deprived of the odious parts of his office ; in future he is to be more like an A ttorney-Genera I in Ear land. II is magisterial anti police dutiei are to he executed by a 'sepa rate person ; ',people attribute OA to his violent conduct last year, whM•ingaged in sealing up Mr. Greig's presses. By the way, I think Lord C, Somerset will get into disgrace about those types, &c. of Mr. Greig's ; the facts Understood here (and you ert•n depend on them) are, that when Mr. Greig went home to compluin to Go. vernment of Lord C. Somerset's violent seizure of his property and suppression of his jour.. l ' nul, Lord Bathurst, after putting a negative on the Governor's conduct iu regard to the press, &c., proposed to Mr. Greig, that if he would con Sent to go hack to the Cape, and re. linguist] - his intention of bringing an action against Lord C. Somercet, In, should receive the restitution of the printing apparatus, of which be had been so tin warrantably deprived, and ample titne al‘med for the repayment of some ad vance on them ; also a frets passage to the. Cape for himself stud family, and a promise colonial advantages in . the way of his profeision, &c. This was statrd by Lord Bathurst through Mr. IVilmot Horton, us I understand, as an equiva lent for the heavy losses Mr. Greig had sus. !Rifted by the suppression of his paper and busi• ness. Lord Buthurst could not give him money, end therefore promised him other advantages.— His object also, in ordering the restoration of the printing materials, was to replace Mr. Greig in his former situation, the more especially as Lord C. Somerset had, the moment after Mr. Greig's departure, lent a Creature of his own, named Bridekirk, 10,000 rix.dollars to purchase Mr. Greig's types, &c., in open violation: of his own warrant' he had a few weeks before issued, &der lug that they ' should remain sealed up till his Ma jesty's pleasure should be known.' Upon the faith of these grave promises from Lord Bathurst, Mr.l Greig returned here and presented a memorial lb Lord C.Semerset, stating the above facts, and judg. Mg that Lord ll.'s instructions might be conformed to. Ilia Excellency, however, thought proper 'to contemn those solemu instructions, and refused either to give Mr. Greig back his property, or auy equivalent. Thus the intentions and orders of his Majesty's Government were frustrated, as Mr. Greig had predicted before leaving London. uuderstantl he w rote to the Colonial Office to know whether it •wore possible that any evasion or delay would take place in restoring the types, kc. ? Mr. florton.said that such a question could not be officially entertained, us it was a 400. thetical case ; but his private opinion, for 'Mr. Greig's in - form:ALM, was, ' that nothing was an improbable, and that it was time to complain when such a thing took place.' Mr. Greig was thus lulleled into security by the opinions and assurances of the Under Secretary of State, and proceeded to the colony, where ho has been treated as above detailed ; • the consequence iii he cannot carry oillits business, being 'very ill -sue. • plied with tyPes,.&e., and . he is 'put' to the convenience of writing home and sinking capital, (without the Col o nial Government caring whether he be able) ,in purchasing fresh types. I have been very part icular in col lecting'im the facts of this most extraordinary case, and did not write you until I could put them in a ' tangible shape.' On what I have written you ' may rely ; the atrair lies made a ' great sensation here. I have given you the story as brief us possible ; but I should suppose that • .Mr.,Greig his written home to Lord Bathurst, and if he do not obtain redress, I hope he will bring it before the House of Commons by peti tion, which, if he do, will of itself, I think, be sufficient to condemn his Excellency our. Gover nor. Mr. Canning and Lord Liverpool cannot countenance such oppression ; as for Lord Ba thurst, he seems to he a sort of protege of the Duke of Beaufort, and winks evidently at the most glaring faults of Lord C. Somerset. "At present our Governor seems to let no op. portunity slip of shoving how kind and condos. catiditag he can behave, notwithstanding all that is reported to the contrary. But to be serious, he finds the House of COMMOUS uo joking-place, and is put to his last shift."---,(7'imes.) DR. PARlt.—Dr. Nan, said Dr. Jourrsom, was an admirable scholar, and that he would have had a high reputation for mere learning, if his reputation for intellect and eloquence bad not overshadowed it; , the classical scholar was forgotten in the great original contributor to the literature of his country. One of the company reminded him of his first interview with Dr. Johnson, as related by Mr. Langton in Hos well's account of his life. After the interview was over, Dr. Johnson said, " 1 do not know when I have had an occasion of such free contro versy ; it is remarkable how much of a man's life may pass without meeting with any instance of this kind of open discussion."— To this remark Dr. Parr replied, with great vette. mence " I remember the interview well ; gave him no quarter. The subjeci of our dis pute was the liberty of the press. Dr. Johnson was very great ; whilst be was arguing, I observed that he stamp e d. Upon this, I atamped. Dr. J 01414011 said, Why did You ~lamp, Drs Parr ?' I replied, Sir, because you stamped ; and I was resolved not to give you the advantage even of a, stamp in the argument.'" It is impossible to do justice to his description of this scene ; the vehe mence, the characteristic pomposity with which It was accompanied, may easily be imagined by those who knew him, bet cannot be adermtely represented to LIIOSO who did not. The Members for the City of Edinburgh are chosen by 33 electors, though the populu,tion coeds 100,000, In one sense or another this must be considered a misrepresentation. THE DECCAN PRIZE-CAUSE. The followinc will, we believe, be found a correct, view of this iniportaiit cause, and of the queStions arising out of it, as argued last week before the Lords of the Treasury : The booty at the disposal 'of the Crewn was either taken daring, or arose out of, the military operations in the Deccan in the years 1817, 1818, by which three of the native Princes, the Petshwah, the Rajah of Beret, and Holkar, who had risen against the lizitieh power on minion of an attempt to suppress the rindarree hordea, *ere braught into eubjeition. The Deccan army who were principally engaged with the snemy consisted of fi ve divisions, having b een orga ni ze d and placed under the command of Sir T. Ilielop, in order to occult-11414h the plan of the tiovernor.General for the Suppression of the preda. tory troops. To co-operate in the extinction of these robbers, who had long been the scourge of central India, th e M arqu i s o f Hastings himself assumed the command of the 'army called 'lhe Grand Army, but did not-actually arrive on the seat of was. After a 'thole but triumphant campaign, the army of the Deccan was dissolved on the 91st of March, 111111, although the Peishwah did not actually surrender till a subsequent peeled, and Several fortresses were afterwards successively taken. ~ The general question of right to the booty acquired from the enemy, came-on to be diucuesed befor e the Lords of the Trea sury in March, 11123, whet: the litigant p a rti es were t h e East India Company ; the 31arquis of Hastings, and the Grand Army ; and Sir Thomas Illslop, and the Arin , of the Deccan. The Bak lis'itt Company prayed for a grant of half the booty, according to former practice; but this was eoueidered, tinder the circumstances, inexpedient. The 111arquie of Hastifigs claimed for himself, as Commander-M.l,ldd, and for his army, a participation in all the booty taken in the cam paign, contending that Sir Thomas Ilislop w as an inferior officer under 'his command ; that he was entitled to issue, and did isstle, military orders to Sir Thom as Hislop ; and t ha t he anti the grand army co-operated in the general plan ofeipera. clops of which the Alaljratta war *lto an ocidental but heceS:: sary portion. On the other hand, sir Ilislop claimed for himself, and the several divisions of his army, an exclusive right to the booty captured in the Deccan, contending that he was a General opnutieetling a distinct and separate force ; that the orders'iestitil by Lord Hastings were given, not in the ea-, peaty of Cominander-in-Chief, but in that of Governor-General; and that the defection of the Maliratti Powers was never Con templated by the Niarquis of Ilaitinge, and consequently formed no part of a general ucheme in which be co -Up erete d, or for which he was entitled to share. The Lords of the. Treasury, by minete, bearing date the 6th of rehruary, 1823, decided, at: was then conceived, principally in favour of. Sir T. ilislop •rand his army, expressing their opinion " th a t th e most j ust and equit. able distribution would be to adhere, as nearly as the eircum. stances of die case might admit, to that of actual capture ; and that although die principle of constructive capture must, under certain circumstance'', in a degree be admitted, the dispoisi tiou should hem limit rather than to extend that principle..,.. Tiny therefore decided, " that the Mode of distribution origioe ally intendedly the 41arquis of Hastings would be most et oit. able and just with respect to the booty taken at Poonah, Ma hitlpoor, and Nagpore ; and that the booty tak en , on each of those occasiotei respectively, should belong to the divi. ahem' of the Deccan army engaged in the respective opera. dons in which the Caine was captured r but that seethe division of the Bengal army under Breetdier.fieneral Handyman ap. peered to have been put in motion for the purpose of co. operating directly In the reduction of Naleport, and to here been actually engaged with a corps of the enemy antecedent to the surrender of that place, that division Appeared to be justly entitled to share in the booty captured at Nagpore • and that such other booty, ' ar i s in g f rom the opera tierisengainet the Mahrattas in the years Itil7 and 18111, aa might then be subj ect t o hi s Majesty's Royal disposition, should be granted to such divisions of the grand army, under the Command of the Marquis of Hastings, and of the Deems army, under the command of Sir Thomas Hislop, as might re: spectively have captured the lame." Their Lordships further declared their opinion, " that confbrmably to the letter of the Marquis of Haiti' gs to Sir Thomas Hialop, of the 12th of Jan. 1810, Sir Thomas II islop, as Connuander.in-Chief of the Dec can army, and all the Officers of the General Staff of that army t were entitled to participate in the booty which might arise-from any capture by any division of the army of the Deccan, until the said array , of the Deccan was broken up on the 31st of March, 1810. Their Lordships further held to be " incon sistent'with their duty to recommend to his Majesty tosive his sanction to any agreetnent for the common division of booty into which the several divisieus , 01 either'actor might have en. teredeas it was their decided opinion, that if the principle of ac tri t b u u a t l io c , a l p ii capture nreo othe r were nut 'st Garrott adotell in this care as the rule of disc or equitable rule could have heen udopted than that of a general distribution amongst all the forces of the precidencice engaged in the combined operations of the cumpeignik" Conformably with this deciiion, his Ma. Jest'', wanton is issued, granting the whole booty lA, t)le Duke of Welliugton and Mr. Arbuthnot, as trustees, to collect, re. serer, and resolve it, and prepare a scheme for tee distrubition, *mottling to the principles thus recognised as juit. l• Shortly after this appointment the agents for the army of the Deacon delivered statements of claims to the booty, chivied under the heads of the three places mentioned in the warrant —Poonah, alallidpoor, and Nagpore. 'The Pooneh claim on ' braced the treasure found in Poonah, tinfoil/Bei of the. Veldt . wait's 'dominions' gold and jewels tlug in Nasetick, an open town of Candiish, where they h a d been secreted by the Peialiwah ; treasure found in *moat forts uf Jo ter. ritory ; and deposits made by him for the purpose& of the war, little of which was actually seized by the army, but the greater portion was reduced into possession by the , civil ser vants of the East India Company—some before, and the resi.. due after, the dissolution of the army.. 'rite Nagpore claim applied to the treasure found in the dominions of the Rajah of Berar, who had surrendered to the British troops, and hail been ultimately removed, from the M tianutl in favour of another Rajah, to whom a part of the spoil had been, as the tinny thought, illegally riaitorAl by the Dovernment of India.' The Mehidpoor claim respected the spoils of 1 - talker's camp, takep after the battle of Mishidpoor, where Sir T. Ilislop coturnanded in person, but which fell into the halide of the Mysore horse, a band 'of auxiliaries, while the llritisk army followed up their victory, and the restoration of which the army demanded.— The whole of these claims were estimated by the agents at about seven millions sterling. On the •I.d of June last, the Trustees addressed, a letter to the Lords of the Treasury, respecting the execution of their trust. They stated " that the nature and amount of the booty captured, and the circumstances under which it was captored, had been found very different from what they were represented previous to the minute ;" that their Lordship* laboured under the impression thrit Much booty had been captured at Poonalt, Nagpore, and Mahitipoor, whereas " no booty was capt ure d at Nagpore and none bad ' been realized which was captur e d at ith Mulluiod, and there existed no claim on the part of the Crown upon the East India Company, on account of booty captured at those places." ' They then adverted to the demands made on the Etiet India Company, and ad. mitted by them to the extent of about 000,000., including interest ; stated the booty captured in th e d a ily ope rations of the' 'troops not to exceed 140,0001., and ob. served, tt that It would be difficult, if not impossible, for them to ascertain in this country, and at this distant period of time, under what circumstances and by what body of troops these captures were made." They then adverted to the trea sure found in Nassuck, observing, that " the army of the Deccan did not capture it," but was in fact broken up on the 31st of March, and the booty was not found and taken osses. Sion of till the «tlof May;" and that the flight of th e Pe tshwah was not caused by the operations of any single division or de. techment of the troops, but by those of the whole army. And with respect kp f .'the deposits, besides alluding to some uncer taintY as to. Whether one of them was In Poonah at the time of the capture; min a tort 'called Ryeghur, reduced by a separate detachment of the grand army stated that " not only Was .none of the money recovered, . but the fact that the deposits had been made was not known till the months of June and July, 1010, tuntte months Mier the army of the Deccan was brought up." On this letter " the trustees prayed the decision of the Trea. ;ury, before they subaltted a scheme of distribution for the sanction of his Mejerity.' The parties were summoned b e fore the Lords of the 'I reasury on the 6th of December, when it was stated by Lord Liverpool that the Board would not interpose with. the principle of the warrant ; but that if it should appear that a portion of the booty supposed to have been actually captured by , the anny of the Deccan was not so captured, such booty might be the subject of distribution among all the Presidencies engaged in the cam. paign, in which case the Marquis of Ilasttngs would to this'. ..extent participate. Their Lordships did not propose to consider the Nagpore and illahidpoor claims, not feeling competent to `deelde the legal question of what was or was not booty, but Were strongly urged by the Counsel for the army of the Dec.. cltf) io &BOW thole claims to be discussed before a proper trihu. dal. They then adjourned to the 9th of Januery, in order to • ivethe parties time to prepare for discussion of the subject in the aspect thus presented .to their attention. :Before the argument commenced, Lord Liver Pool stated, Ow a memorial on th e part o f L or d H a stings had been r ece i v ed , praying that the whole case might be referred, for further con. Privy Council. iideratton in' the Thi s the Hoard did not coo., side* practicable, but t h ey wished to know whetherb o th par, ties would consent, t h at w h at rema i n ed yet to be decid e d as to the application of the warrant should be heard before that tn. buns]. The Counsel for sir T. Hislop and his army expressed their opinion, that such a reference would be highly desirable, GS the Privy Council, assisted by the learned persons who would attend, would be much more competent to decide on the prin. ciples of law which must be referred to, and the cases which must be cited, than any persons, however high their station. who were unaccustomed to legal inquiries. The Counsel f or the Merquis of Hastingson the other hand, declined consentin g t o such a partial reference, because she case had been in pan heard by the Lords of the Treasury, . and therefore they would more speedily and satisfactorily decide the residue than a tribunal unacquainted with the previous fac:s and iensonings. Mr. lieltntiON and Dr. JEsnrza then proceeded to meet the objections raised in the report of the trustees to the claims raised on behalf Of the army of the Deccan under the warrant. They denied that they had assumed any facts on the previous argument which were not fully warranted by evidence, or ever intended to confine their claims to booty actually seized before the dissolution of the army. They had, Weed, assumed that booty was taken at Nagpore ; and they were prepared, when a proper opportunity should be given, to show that the treasure taken, in that state from the RAJA. was booty protected by no capitulation ' , and which the East Indi a Co mpany h a d no right to withhold 'from the Crown in . whom it vested by tight of conquest. Nay, they could show that the East India CoMpany themselves allowed sonic of the spoil to be booty ' without, objection.-.such as ammunition and tim ber; 'hat that they refused to allow money and jewels, thus making value, and not principle, the criterian of their de cision. As to Mithidpbor, it was true that but little booty was realized there—that booty was captured, was not denied, because is fell into the hands of the Mysore horse; but such a dispo sition of the property of the Crown ought not to prevail, if a power existed (and the conduct of the East' India Company proved it did exist), of demanding a fair distribution among the ptors. Thus far, then, there had been no misstatement nor Was there any with respect to the property taken in Poonah. if the language used was construed in its fair and legal meaning., When, throughout the argument, reference was 'made to the booty taken 4 ‘ Nonati, Nagpore, and MAlM poor," those terms were intended to include all the booty taken in immediate consequence of die operations at the places named, or of which they were the centres. But it would seem that the trustees were under a mistake in point of law, and that they eonsidered no treasure to be ac tually captured by the army, of which the army did not take manual possession. Such a sense had never yet been put on the term " Takers," nor was it in thi s sense use d on t h e former Inquiry. Every case which' had been decided—every diction contained in the books—every'practical instance which could be cited from military or naval history, would prove that capture did not mean selsure-.llte manual grasping of tree sure—but the aequisition.of a complete dom inion over it. To the sight of theCruwn it mu' immaterial when the tr easure was seized - ; pay, when it was discovered ; f or t h e mere tinders could clainr no ri ght; the conquered enemy could claim no right; and therefore the right must, be iu the Crown. To establish this position, the Learned Counsel cited a numberbf oases, re lying chiefly on the case of "(Unmoral'," where the Mt India , Company were compelled to refund, with Interco, the proceeds of a suit instituted by them upon a contract made by the Governor of the conquered places previous to its capture, as prise appertaining to the Crown. A contrary doctrine would, they argued, lead - to most pernicious consequences; because it would operate as a direct discouragement to conquering armies from pa:suing their victory, and tempt them to, remain and secure be immediate fruits; or if this was impostaible, would punish them tOr their generous relf-denial. They, then con. tended, that applying clue doctrine to the terms of the warrant, the army took under that instrument an absolute and vested in terest, not only in the spoils taken at the places earned, butin all booty arising out of these captures ; and even if there were droits *f the Crown not strictly booty, the, army would, on the same principle, be entitl e d to clime aloe, according to invariable usage. In the case of the Toulon ships, which surrendered to Louis XVIII. before the eetoblishment of his power became for , the dine impossibl e , t h e mer i torious servicesid the ermy were not held to entitle then] to share, because the original surrender had been made to the navy ; fir though, the. destruction of the dock.yerd and the intimidation of the enemy were felt by all to 'be most import a nt ac hi evement' , and though Mr. Pitt was particularly anxio us t h at they should be rewarded,' still the Scott,Privy decided, eouncil uthnadteraterdtictoe ttiolf. SiniirrarUia'.blelrreunitmanwdaihrgUo7:: versed the disposition of war droits, thiarmy could not pant ciliate. If a ditfurent principle were adopted in Indian war. fare, and possession were holden requisite to complete the title of captors, the army could scarcely ever claun ;—because, on the instant of conquest, the civil agents of the Com oi th e concealed,agents wouldtiati begunsc scarcely to y e ver r ) e e r ra b t e e. discovered appeared Com pany assumed the controul ; and the treasures of the na tive Princes, consisti ng c h iefly of jewels and gold, being eau/ ered-till fr t o h m th act.thonty statement which had b een presented to the trustees, that in April a t I e t : m civilro uni cat i o agent,n t w o its , was not given, and the Penne nn ls s treasureto n wastodigmadenight: o t i s t e u i LA permission t t ill is Alay, whe when ascer taining its value, except that they were informed that the poll. rival agent was three dots in counting it, and that they had . reason at the thus to estimate it a t a grea ' tly higher sum than, , its value according to the report of the trustee*, witA now recog ied ni as by the East Indio Company. The admen of the army had been k ept i n the dark as to the sums p a id i n b y t h e East bona C ompany ; ea to the principles on which these surni of th e trustees, that they considered great' were paid in ; and therefore they were unuble to apply the . information they had received to such iulinissions.. It seemed from the report difficulty would arise in ascertaining the divisitina entr.' tied to participate in particular captures : but no ' such difficulty would exist; for statement; of all the Der. vices of the 'particular divisions had been made out, and these would suffice, when a ppli e d to ascertained captures, as materials for a scheme of distribution. Those papers had not yet beets placed. in the hands of the trustees, because the agents fur the army had as yet considered that the great and only soli. ject of discussion was the general claim of the whole bady on the East India Company, and. because the statement of pant. cuter services must be useless until it had been decided what was and what was not booty at particular scenes or action. To the general object only—the claim on the East India Cempany—hed all the elabor a t e s tatements b een appl i ed ; but the details deer vicps were now ready, thovigli it waayet uncertain, from the course pursued, to what eaten and, in what instances they would be available or fruitless: After all, there were difficulties Hato the con fl icting cl a i ms o 'divis ions, this could b e , no reason t for taking the booty from'. : and giving it t o a t hi r d party lotir who was more remot e t h an eft ice. Such diffitulties had never been considered as affecting the terms . of warrant*, which, for the most part, gave only a general scale of distribution, and left a individual claim a nt s t o esta bli s h the i r right either by ppeal to : the Privy Council, by r e f erence to t h e trustees, or by stibmlesion to arbitrators of their selection. After referring to the warrants for the grants to the armies in the Peninsula and at Waterloo, which I contained the scale , of distribution, and which Mr. Harrison drew, and which were framed by analogY to the principle of acme! capture, the Learned C ounse l urge d t h at no false assump tion had been made at the former argument; that the booty referred to by the trustees, as taken in the territories of th e Peishwall, was intend e d by " that taken at Ptxmah ;" that whether this booty was manually seized before or after the breaking up of tho army of the Deccan, could make no diffe rence in law or justice, if, by the operations of that army, mili tary dominion was obtained over it; and consequently that, under the terms of the warrant, the army had a vested interest in the proceeds, which the Treaeury would not now disturb. Mr. Alum and Dr. Lusnisurrow, for the Marquis of Hastings and the grand army, declared their intention strictly to adhere to the warrant, and simply to consider whether the booty referred to in the letter of the trustees was, under that warrant, prize to the army of the Denali, or distributable among the forces engaged in the campaign. If, inded, that warrnt gave to the army of the Deccan a vested interest in this booty, the right of property would be inviolable, and no thing would remain to argue. It was true that the warrant did give to the army ; of the Deccan all the booty taken at Poonah, Itlithidpoor, and Nagpore, before the 31st of March, when they ceased to exist as a separate army; and if any thi ng was taken at th ose pl aces, they were entitled to the whole ; but they were entitled to nothing else, unless they could show themselves to be actual captors. It was stated by Mr. Harri gan that on the last argument be intended to claim all this booty ; and no one could doubt that his assertion was correct ; but certainly he had neither conveyed that impression to the minds of lus opponents, nor of their Lordships ; and if the grant was made on an erroneous supposition, it would be ab.. whitely void. The warrant consisted of two parts—one, which adjudicated on the booty found itt the three places named, and gave it to the army of the D eccan ; t h e other, that which referred to other booty arising out of the ope redone of the campaign which was to belong to the division of the Deccan army, or of the grand army respectively, by whom it was respectively captured; and an intimation was given, that if the principle of actual capture were not acted on, the only equitable course of distribution would be among all the presidencies engaged in the war. It lay, therefore, on th e fumy of the Deccan to show that they were actual captors of this booty, If they exclusively claimed; for, in defaul t o f such proof, it must be distributed among all the forces. They , had done nothing of the kind; they 'had 'not Stated for.what divi. lions respecilyely they claimed' it, anti had Made out, therefore, ,no title. The doctrine which they imputed t o the trustees, that , PolisCheion .wan essential to capture, was not fairly deducible Rohl their report, nor was it essential to the case of Lord Hast ings.! `lt might be, conceded that manual Possession was not easentisLe that contrind, dominion, , 4 the grins of power," as but that doubtful.— c L ) o n7 l iou S i to u w i e u l a l h be ad de ex i ti r re a ss u e d d 4 i b t, sol m n i t g e. ht anS e ncb: ; In case of naval capture, there was rarely Wade . for doubt ; there the thing taken was not the ele. ment, but the vessel, which could he reduced into poasession ; but it did not follow that an army over-running or marching through a country, necessarily captured every thing in it as prize. This treasure found in Nassuck was claimed, because a certain division of the Deccan army marched near it in pursuit of Peishwah, who had left the money and jewels se creted ; bat at this time Dot a fort was taken, and the Petah wah did not surrender—the cession of the country was not complete—till June. The question, then, was, not whether possession was in all cases necessary to capture, but whether. the Deccan army or any of it divisions ever really acquired the controul over the booty . which they claimed, or whether it was net acquir e d by t h e Joint operation of all the foritefele whom the former owner of that treasure was ultimately (Invert to surrender. How did the case 'stand, then, with reference to the several classes of booty mentioned in the report of the trustees ? First, to • the 150,0001. said to be acquired in the daily operations of the troops; if that Nem actually the produce of booty taken by the army of the Dem*, they would have an exclusive righteto - that sum. Second, as to trea sure found at Nassuck; it could not come under the head of booty takes at Poonah, for at the time of the adjudica tion their Lordships were not aware that any considerable stun had been obtained in this open town, and intended to give DO decision respecting it. Who, then, were the actual captors ?--• Had the army of the Deccan proved their title, because wane of the divisions passed through the Candeish in pursuit of the Peishwah ? Even the winning a single battle, or the capture of a principal fortress, did not make all the public property of a territory prise; and neither could the preeence of an army who might have seized it. Surely this was rather a general result of the campaign arising from the operations of all'the forets, by whom the Pe ishwah was first put to flight ; repeatedly defeated in its course ; and finally compelled to surrender. The same prin cipal applied to the third description of prize—the deposits and arrears of tribute—whlciewerenot the objects of actual capture in the course of operations, but the results of the final success. The Peishwah abandoned his capital on the 17th of November; he fled, but fled with a large lbrce, after the custom of Alahratta warfare ; and be was pursued nearly round the whole circuit of his dominions. On the 25th of February he was defeated by General Smith at Ashlee; lint he rallied, and still continued in considerable force, until lie was again s i g . nappy defeated on the 17th of April,. at ,Soonee, by Colonel Adams. After this battle his force was weakened ; and, "- being hemmed in on an sides, he surrendered on the Sd of Jane to Sir John Malcolm, and ceded his dominions to the British power, on receiving a aunt of 100,0001. DE: year. Now the army of the Deccan was broken up on' the 31st of March ; both Colonel Adams and Sir John Malcolm were under the immediate orders of the .filarquit of Hastings, and therfore, if the booty and tribute were referrable to his final overthrow, it was clear the army of the Deccan could not be the captors, and could only share at all on the' other alternative of a final distribution among all the forces. Allusions had been made to certain statements printed on behalf of the army of the Deccan, one of which might be regarded as affecting an officer of high situation and trust; but to these their Lordships would pay no attention, for they were cx parte, but had been kept from the inspection of the Marquis of llastinge advisers. On the whole their Lordships would perceive that no vested interest was given by the warrant to the army of the Dec can in the treasure found at Nassuck, In the deposits made by the Peishwah for carrying on the war, or in the arrears of the tribute; that these had not been shown and could not be shown to be actually captured by that army ; and that, as ther ,,, , were the result of general operations, the M arqu i s o f liastinfie l and his forces were entitled to participate according to the Plit*-7 ciples of the previous decision . MG IlAnnisow, in reply, observed, in 'answer to the plaint of withholding statements respecting booty from the other .ee, side, that those statements were not drawn with a view to any question of this nature, but simply to guide the trusteed it the claims they were entitled to - make on the East India Company: His Learned Friends, who had refttsed to come municate the memorial of th e M arqu i s o f Hastings,. ter s e , 11 '-' not entitled to require accommod at i on w hi c h t h e y refuses' to give. He did not conceive now that the Lords of tits Treasury were inquiring as to the services of particular divisions, and therefore he did not enter into them ; bu t they were discussing the general question, whether this, .ei booty- belonged, und er t h e warrant, to any part of the "A• army. With respect to the Nassuck treasure ! there was i gt. " - ‘,', doubt that , it was not ca p ture d b y the whole army of tho, Deccan; that the fl ight of the Peishwah was not produce' by the whole army, but that thi s resu l t was broublit about by the immediate operations of two of its divisions. ut this was wholly immaterial to the present inquiry. As the law was now in a great measure conceded to him, fie contended on the feet* that the , booty in question was actually captured b 7 some division of that army, or obtained under circumstances anelagous to actual capture; and that this capture took place when the Peischwult was expelled from his dominsone never "to itturn except' ir is fugitive.; Some forts, indse 4l . - held out a little Jungles but the civil authority was caw' e' Wished peaceably Canaeish; Mr. ElPhinstone became the commissioner of Poonah ; .and •a proclamation eras issued that the Peishwah had forfeitiel bite throne. Was not this cone quest ? Ohl not this' pea:eable' occnpation of the territory the name of his Al ajesty VOL all the public property of the *SW in the Crown ? And if so vestod, was it not eranted to the cone . quern/al If the country was not conquered till the last fors Will taken, and till then no property in open towns vested in the crown, the troops who. carried the • lost fort would be the eat° querora of the country, and the. captors of the rise: . Besides, the East India 'Company had not only pnr their own officers in possession, but 114 d given a p.01°2. of the ter r i to ry to t h e Rajah of Sittarah, whom • they had installed in a dedet anti limited dominion., It less true that the Peishw ah was not taken till efterwanlet P u n he wasa ding outlaw, deecribal.hY fiord Hestlsgel/111 I dr" as a person whole authority wee go ne, and 0 ' never by possibility touldetretrover his throne. Surely, th e !' the prize taken in his dominions did not belong in whole or,' , ?, part to those who purstreif him,' and to whom he gave up at all events, could the fe n ' compelled him to fly, and 41101 , t g i ee n r i n n , to bu th t e to to t il h s o . se il on u l t y h w o l w ee , army participate on the . ground of hie personal surretian since it was dissolved on th e 11 t h o f February, when Hastings formally took leave and quitted the i ;he. whole, therefore, on the groun d that these q uestions Ire° really set at rest by the warrant ; on the le decision i bein their it favou r. The con trial, capture , , and not possessio n ,. t h e essence of• and on t u ' . facts which prov e d thearmy of the Deccan to b e the antic", w iel which d ? mad e e 01 . 0" ate and menteri ou s cause o f these acquisitions, he owlet' "'- The Lords of the Treasury :stumbled on .11141 deb C°o. sd cr of their would decision ; bu t not yet been wade pubes' IRISH COOPER COIN. (From the Bath and Cheittaharn Gaulle, Jos. 17.)' Considerable doubt and agitation having veiled in various places respecting the obligstio9 • M' of the public t o take, Irish Copper. Got*, r . New, of Trowbridge, wrote to the Aiint-Pflig , . on the subject, and received the following lgtif!, which puts the question completely at rest "Altint.olfre, Jas. , "sea—l am directed by the Master ut the Mint wicks! ledge . your letter to him of the 13th inst., representing sw ir, page in your distri ct o f t h e Halfpenny "Pieces having the hlqr ,hos upon the reverse ; and lam to acquaint you, in answer, no Proclamation has been i ssue d by his Majesty which MITI: , that Irish copper coin s h a ll pass and be received as current lawful money in this country. It rests, therefore, entireli *"' the option of individuals to receive it, and it cannot be tail'' dered as a legal payment. I ant, sir, your obedi nt e servant, " J. W. litORIt1100N." 1 nur Perny i,:.ces, likewise., must be inchtdvd, whic h ore so ked. EXTRIORDINARY PitliNobtuNoPt• F. BIRKEn, of Andover, called yesterday to re late to us the circumstances of Is 1)" . "'" 1 "" which recently came under his observation, Ile states that, I —Mr. SA NtUlt. being employed with others in making a stone b r id ge i n t h e north parish of Andover , „ they disc ore d , on "ki n g up a large flat stone (about th ree feet by five), a great body of living snakes, ivbicti had probably taken shelter there for the 'wi n t er . The y were stiff, at first, fron t the cold, but exhibited-various signs of life wh o* expound to the sun, On being counted (her° were found t o b e 116 : an d was ren d e rs the cir cumstance more singillar, there were various species, viz. black, Wiped, and green snakes, and house and brown a dderew—nuntbers of eat They were of different sizes, varying from ill inches to tiro feet.- - (Sakai Gaz. 3fossachuseti t Paper.) l